Patricia sulks for a day or so after receiving the formal warning.

Question 1

Patricia sulks for a day or so after receiving the formal warning. On day three, Justine is out of the office to visit a potential donor. Patricia calls a meeting of the staff, which is not unusual. However, during the meeting Patricia informs her colleagues that she is going to send a vote of no confidence in Justine to the Board of Trustees and that she wants all of them to sign the document in support. The document will further state that if Justine is not dismissed, the employees will stop working every day at 3pm in protest.

Two of the colleagues are too scared of Patricia to object and sign immediately. Three others object, but Patricia responds so aggressively that two more sign the document. Patricia sends the document off to the Board.

Consider whether the Helping Hand Foundation could approach the Fair Work Commission for a section 418 stop order in terms of the Fair Work Act 2009 (Cth). 

Question 2 

You are the part-time HR manager of Helping Hand. You were not working on the day of Patricia’s meeting. When you walk into the office the next day, mayhem awaits you.

Justine wants to dismiss Patricia. She asks your advice about whether dismissal would be considered unfair in the circumstances.

Assist Justine with her inquiry with reference to the provisions of the Fair Work Act 2009 (Cth). 

Question 3 

Patricia is summarily dismissed. As she leaves the office, she shouts: “You will hear from my lawyers! You would rather fire your best worker than consult with her as required by law!” 

Advise Justine on whether Patricia could institute action in terms of Part 3-1 of the Fair Work Act 2009 (Cth) against Helping Hands and what her chances of success would be. Your answer must refer to relevant case law and legislation. 

Question 4 

You have received an email from WorkSafe Victoria. 

They have received an anonymous complaint from an employee at Helping Hand that it is in breach of its workplace health and safety obligations. More specifically, it is alleged that there is rampant workplace bullying, of which the responsible officers are aware, and that they have not implemented reasonably practicable measures to ensure the health and safety of their employees.

Advise the Board of Trustees about what their legislative duties are and whether they have failed to meet these duties.

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